Arvind Singh vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed for grant of regular bail in connection with the Case Crime No.15 of 2023, registered at police station Purola, District Uttarkashi under Section 8 read with Section 17 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, “Act, 1985”).

On 12.08.2023, informant Devendra Singh Panwar, Sub-Inspector, was busy in checking the vehicles in the area of his police station along with other police personnel. On suspicion, applicant was apprehended. His bag was searched. Police party recovered 1 kg. 82 grams of Opium from his bag. He was arrested at 19:05 hrs.

Heard Mr. Shailabh Pandey, learned counsel for the applicant and Mrs. Manisha Rana Singh, learned AGA for the State.

Mr. Shailabh Pandey, Advocate, submits that the applicant has been falsely implicated in the present matter. Nothing was recovered from his possession. The said recovery was planted. There was no public witness present at the time of the alleged recovery. Applicant has no criminal antecedents. He is a permanent resident of District Uttarkashi, therefore, there is no chance of his absconding, and, the alleged recovered contraband is in non commercial quantity.

On the other hand, Mrs. Manisha Rana Singh, A.G.A., has opposed the bail application orally.

As per the Table prepared in terms of Section 2(xxiii-a) and Section 2(vii-a) of the said Act, 1985, lesser than 25 grams of Opium is small quantity and greater than 2.5 Kg. of Opium is commercial quantity (Entry No.92).

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

The Bail Application is allowed.

Let the applicant – Arvind Singh be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.